46 FIRST BIENNIAL REPORT [W. VA. 



or way shall be constructed upon plans and in a manner and at a place 

 satisfactory to the Forest, Game and Fish iWiarden of the State of West 

 Virginia." 



Under the law, only six months was givem, in which to complete this 

 work, which time was entirely too short, considering that plans and 

 specifications had to be made and distributed to the numerous owners 

 oi dams throughout the State. 



The improved Gail Fish-way System was adopted for use in this State, 

 which, by careful investigation, was found to be the most satisfactory 

 now in use throughout the United States, as well as many other coun- 

 tries. This plan is also adopted and recommended by the United States 

 Commission of Fisheries. 



Much complaint was made that the time given under the law was not 

 sufficient, in which to complete this work, and it was deemed best to 

 ask that no prosecutions be made for a violation of this section, until 

 after the 26th day of November, 1910, thus extending the time for one 

 year longer than was given under the law. 



More than two hundred dams have been located, which 'are deemed 

 to be a violation under this statute, and every owner of such dam has 

 been furnished plans and specifications of the fish-way adopted, wtith 

 instructions to build same. 



Many fish-ways have been erected during the time, and a number 

 have been inspected and found to be satisfactory, but a number of 

 parties have failed or refused to comply with this statute, and to 

 the regret of the department, must be prosecuted for this violation. 



The excuses offered for these failures are almost as numerous as the 

 failures themselves, possibly some of them well founded, but im a 

 majority of the cases investigated, it has been found that the dams in 

 question were an actual obstruction, in a few cases, flood gates so 

 arranged, so as to form a complete fish trap, which enabled the owner 

 to profit by same in catching the fish as they ascend or descend the 

 stream. For the department to make a personal investigation of the 

 more than two hundred dams, scattered throughout the State, was found 

 to be an impossibility, and if this had been properly done, no time 

 could have been given to any of the other various duties of this office. 



A careful record has been kept of all these matters, and when fully 

 completed will be of much value in helping to distribute fish im our 

 many streams. 



Dynamiting of Fish. 



The fact thai the dynamiting of our streams was made a felony, has 

 had a wholesome effect in stopping this pernicioius habit, and a closer 

 watch has been kept on this particular offense than any other one. for 

 the reason that it i? believed to be the most despisable crime, and the 

 one showing the greatest criminal intent under our law. 



There can be no excuse or reason for anyone placing dynamite or 1 

 any other explosive in a stream, for the reason that the few fish that he 



